Recommendation 3

We are concerned that the efficacy of the ICRIR’s case reviews might not reach the standard of effective investigations as required by the Convention. In order to improve the efficacy of the case reviews, there should be an explicit duty on the Commissioner for Investigations to conduct investigations in accordance with the requirements under the Convention. In particular, the Commissioner must be under a duty to take whatever reasonable steps they can to secure the evidence concerning the incident, including eyewitness testimony, forensic evidence and, where appropriate, an autopsy which provides a complete and accurate record of injury and an objective analysis of clinical findings, including the cause of death. The Commissioner must also take reasonable steps to determine whether any force used was or was not justified in the circumstances and seek to identify those responsible for any unlawful conduct. The Bill should be amended to this effect (see Annex, Amendment 1).